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2012 Supreme(Bom) 54

GIRISH GODBOLE
Tukaram Dhondiba Chopade – Appellant
Versus
Andappa Genu Walekar since deceased through his heirs – Respondent


Advocate Appeared:
For the Petitioner:A.M. Kulkarni, with Akshay Shinde, Advocates.
For the Respondents:V.A. Londhe with Manoj Chatge, Advocates.

Judgment :

1. I have heard Mr. Shinde and Mr. Kulkarni, Advocate for the Petitioner and Mr. Londhe with Advocate Chatge, Advocate for the Respondents. As is usual with proceedings under the Bombay Tenancy and Agricultural Land Act, 1948 (for short, B.T. & A.L. Act, 1948), even this litigation has a checkered history, though factual controversy involved in this Petition lies in a narrow compass.

BRIEF RESUME OF FACTS:

2. One Andappa Walekar was admittedly owner of land bearing Gat No. 98 of village Tillehal, Taluka South Solapur, District Solapur. The Petitioner Tukaram Chopade is the son of real sister of said late Andappa Walekar. On 19th December, 1975 the Petitioner submitted an Application purported to be an Application under Section 32 (O) r/w Section 32G of the B.T. & A.L. Act, 1948 before the Tahasildar South Solapur. On the same day the statement of the Petitioner and late Andappa were shown to have been recorded without issuing any notice on the Application and an Order was passed on the same day thereby declaring that the Petitioner has purchased ½ northern portion of land bearing Gat No. 98 to the extent of 2 Hector 2 R from late Andappa. It is an admitted position that t

















































































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